약정금
1. The request for retrial of this case is dismissed.
2. The costs of retrial shall be borne by the defendant;
purport, purport, and.
1. Determination of the original judgment
A. On February 5, 2014, the Plaintiff leased KRW 257,000,000 to C, who is the Defendant’s wife, on July 31, 2013, and the interest rate of KRW 10% per annum (from November 1, 2012). On the same day, the Defendant jointly and severally guaranteed the above loan obligation of KRW 257,00,000,000, and filed an application for the payment order seeking payment of interest or delay damages.
On March 10, 2014, the Defendant issued an order to pay the Plaintiff the amount of KRW 257,00,000 and the amount of KRW 10% per annum from November 1, 2012 to the date of full payment. This court served the original of the above payment order on March 12, 2014 with the Defendant’s domicile, and C received the said original of the payment order.
On March 24, 2014, a written objection (hereinafter “instant written objection”) was submitted under the name of the Defendant regarding the above payment order.
B. On March 31, 2014, the case where the Plaintiff filed an application for the above payment order was implemented under this Court No. 2014Ga1327.
In the lawsuit above, this court designated the date for pleading as 15:00 on May 13, 2014, and served a notice of the date for pleading on April 21, 2014, April 22, 2014, and on March 23, 2014, to the Defendant’s domicile, but was not served as a closed door absence, and accordingly, this court served the Plaintiff the notice of the date for pleading on April 29, 2014.
On the date of pleading, only the plaintiff was present on the same day, and the pleading was closed on the same day, and the sentencing date was designated on May 27, 2014 as 09:55.
This Court served a notice of sentencing on the defendant three occasions, but was not served on the defendant's domicile due to the absence of a closed door, and accordingly, this Court sent the notice of sentencing on May 22, 2014.
C. On May 27, 2014, the instant court led to the confession of all the Plaintiff’s assertion in accordance with Article 150 of the Civil Procedure Act.